Quebec court to hear appeal of challenge to British royal succession law

The Quebec Court of Appeal is set to begin reviewing a case on Monday that challenges the rules governing the ascension to the British throne, and the result could have political consequences in Canada.

If the appeal is successful, the challenge could force Ottawa to undertake a round of constitutional negotiations, according to lawyers behind the suit.

The two law professors from the Université de Laval are trying once again to get Canada’s law on royal succession declared unconstitutional.

For Taillon, the judge’s “neo-colonial” interpretation of the law raises series questions about Canada’s independence from the United Kingdom.

“London’s ability to legislate for us seems to reappear with respect to the monarchy,” he said.

“This seems to call into question the achievements of the repatriation of the Constitution in 1982.”

If the royal succession law were invalidated by the court, the federal government would be faced with a choice: refuse to touch the Constitution and default on Canada’s obligations to the Commonwealth, or open a potentially contentious round constitutional negotiations, where the provinces could bring demands to the table.